Loading...
HomeMy WebLinkAbout94-858 06-28-1994 RESOLUTION NO. 94-858 RESOLUTION ENDORSING AND SUPPORTING THE CONCEPT OF HEB TEEN COURT AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITIES OF HURST, EULESS AND BEDFORD AND THE HEB INDEPENDENT SCHOOL DISTRICT FOR COMBINING EFFORT FOR THE PROVISION OF AN HEB TEEN COURT PROGRAM. WHEREAS, the municipal courts of Hurst, Euless, and Bedford each intend to have teen courts and the provision of such court or courts would directly benefit the HEB Independent School District; and WHEREAS, a combined effort by the three cities and the School District would eliminate duplication, be more cost and time effective, and provide a greater pool of participants in teen court; and WHEREAS, Texas Government Code Chapter 791 authorizes local governments to enter into contracts with other local governments to perform governmental functions and services in accordance with the statute cited herein and the terms of the contract entered into; and NOW, THEREFORE, the City Council of Euless, Texas, does hereby endorse and support the concept of an HEB Teen Court and does encourage and recommend timely formation thereof. NOW, THEREFORE, be it resolved by the City Council of Euless, Texas, that the City Manager of Euless, Texas, be authorized to execute an interlocal cooperation agreement, attached hereto as Exhibit A, with Hurst and Bedford and the HEB Independent School District for the purpose of generating a combined effort for making available a teen court program. ADOPTED BY THE CITY COUNCIL OF EULESS, TEXAS, ON THIS THE 28TH DAY OF JUNE, 1994, BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS. APPROVED: 1\kLuSt -, Mary Li Saleh, Mayor ATTEST: Susan Crim, MC, City Secretary APPROVED AS TO FORM: City Att y INTERLOCAL AGREEMENT BETWEEN THE CITIES OF BEDFORD, EULESS AND HURST AND THE HEB INDEPENDENT SCHOOL DISTRICT FOR COMBINING EFFORTS FOR THE PROVISION OF A TEEN COURT PROGRAM IN MUNICIPAL COURT This Agreement is entered into by and between the Cities of Bedford, Euless and Hurst, and the HEB Independent School District, all such entities being located in Tarrant County, Texas, and hereinafter referred to collectively as "Parties" or "Entities," and individually as "Entity." The Parties execute this Agreement as hereinafter provided pursuant to the Texas Government Code Chapter 791, the Interlocal Cooperation Act: WHEREAS, the municipal courts of Bedford, Euless and Hurst each intend to have a teen court; and WHEREAS, a combined effort by the Parties would eliminate duplication, be more cost and time effective, and provide a greater pool of participants in teen court; and WHEREAS, Texas Government Code Chapter 791 authorizes local governments to enter into contracts with other local governments to perform governmental functions and services in accordance with the statute cited herein and the terms of the contract entered into; and WHEREAS, each party is authorized to perform the services contemplated herein; NOW THEREFORE, In consideration of the mutual covenants and the terms and conditions set forth below, the Parties do hereby agree as follows: 1. The Parties execute this Agreement for the purpose of creating and maintaining HEB Teen Court. 2. The governing bodies of the Entities shall each appoint two members to the Teen Court Advisory Board composed of eleven members. Members of the Board shall select three student members, one each from Trinity High School, Bell High School and the H.E.B. K.E.Y.S. Center. The Board shall make recommendations to the governing bodies in regard to Teen Court. Members shall serve for two year terms, except that student members shall serve for one year terms. 3. The cities agree to allow the H.E.B. Independent School District to use the Teen Court program as a laboratory for secondary students to learn the workings of the criminal justice system and to participate as defense attorneys, prosecuting attorneys, and jurors. 4. The cities shall participate equally in any and all operating expenses associated with Teen Court, for fiscal year 1994-1995. Payments by each for such participation shall be made semiannually to the City of Bedford on or before October 1 and April 1. The City of Bedford shall furnish to the other member cities, on or before May 1 of each year, its good faith estimate of the total budget requirements for the Teen Court program for the next fiscal year beginning the following October 1. Payments made by the HEB Independent School District shall be made by the provision of in-kind participation including, but not limited to, office space, utilities, use of copiers, etc. 1 5. The administrator of the Bedford Municipal Court will have oversight responsibility for the operation of the Teen Court and the performance of this Contract. It is anticipated that initially ten (10) cases per month per city will be processed. Caseloads will be reviewed annually to determine any necessary changes. 6. The Teen Court will be run on a day to day basis by a Teen Court Coordinator, who will be employed by the City of Bedford and supervised by the administrator of the Bedford Municipal Court. All costs for the Teen Court Coordinator, including salary and benefits, if any, shall be part of the cost to be paid equally by the cities on a semiannual basis. 7. Monthly activity reports will be provided to the designated representative for each Entity by the Teen Court Coordinator. Such reports shall include, at a minimum, such information as the number of defendants returned to municipal court systems, number of active student and adult volunteers, number of active service providers, quarterly financial reports, and such other available information as may be required by joint agreement of the Parties. 8. While any employee of the Parties is working on tasks associated with or for the Teen Court, such employee shall continue to be an employee of the Entity for which the employee works on duties that do not include the Teen Court. The Entity employing such individual shall pay all wages and benefits while such employee is involved in activities pursuant to this Agreement the same as though the services had been rendered within the jurisdiction wherein the employee is regularly employed. 9. In performing duties under this Agreement, each party will comply with all necessary Federal, State and local laws, regulations and ordinances. 10. The governing body of any Entity, in its sole discretion, may at any time withdraw its personnel or equipment or discontinue participation in any activity initiated pursuant to this Agreement upon providing not less than ninety (90) days written notice of withdrawal to the other participating Parties. This Agreement may be terminated at any time by mutual agreement of the Parties. No refund of semiannual payments for Teen Court costs will be made to any Entity that withdraws from this Agreement. 11. In the event that any person performing services pursuant to this Agreement shall be cited as a party to a State or Federal civil lawsuit arising out of the performance of those services, that person shall be entitled to the same benefits that he or she would be entitled to receive if such civil action had arisen out of the performance of his or her duties as an employee of the Entity where he or she is regularly employed and in the jurisdiction of the party by which that person is regularly employed. 12. Each city does hereby waive all claims, release, indemnify and/or reimburse, defend and hold harmless every other Entity, its officials, agents, officers and employees in both their public and private capacities, from and against any and all claims, suits, demands, losses, damages, causes of action and liability of every kind, including all expenses of litigation or settlement, including but not limited to court costs and attorneys fees which may arise due to any death or injury to any person, or the loss of, damage to, or loss of use of any property arising out of or occurring as a consequence of the performance of this Agreement whether such injuries, death or damages are caused by the sole negligence or the joint negligence of any Entity, its officials, agents, officers and employees. It is the express intention of the Parties hereto that the indemnity provided for in this paragraph is indemnity by each city to indemnify and protect every other Entity from the consequences of an Entity's own negligence, whether that negligence is a sole or a concurring cause of the injury, death or damage. The HEB Independent School District does hereby waive all claims and release every other Entity, its officials, agents, officers and employees in both their public and private capacities, from and against any and all claims, suits, demands, losses, damages, causes of action and 2 liability of every kind, including all expenses of litigation or settlement, including but not limited to court costs and attorneys fees which may arise due to any death or injury to any person, or the loss of, damage to, or loss of use of any property arising out of or occurring as a consequence of the performance of this Agreement whether such injuries, death or damages are caused by the sole negligence or the joint negligence of any Entity, its officials, agents, officers and employees. 13. It is expressly understood and agreed that, in the execution of this Agreement, no Entity waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 14. Each Entity agrees that if legal action is brought under this Agreement, exclusive venue shall lie in the Courts of Tarrant County, and its terms or provisions, as well as the rights and duties of the Parties hereunder, shall be governed by the laws of the State of Texas. 15. In case any one or more of the terms, sentences, paragraphs or provisions contained in this Agreement shall for any reason to be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other term, sentences, paragraphs or provisions thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained here. 16. This Agreement may be amended or modified only by the mutual agreement of the Parties. Such amendment or modification must be in writing, and attached to and incorporated into this Agreement. 17. This Agreement may be signed in multiple counterparts and shall be binding on each Entity when duly authorized by the governing body of each Entity and signed by such Parties' duly authorized representative. 18. This Agreement contains all commitments and agreements of the Parties, and oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective upon execution and dating by each Entity. This Agreement shall be effective from the last date signed and marked on this Agreement by a participating Entity. APPROVED BY THE CITY COUNCIL OF THE CITY OF BEDFORD, TEXAS: BY: DATE: ATTEST: APPROVED AS TO FORM: CITY SECRETARY CITY ATTORNEY ** * * ***** * ** ** * 3 *************** APPROVED BY THE CITY COUNCIL OF THE CITY OF EULESS, EXAS: June 28, 1994 B -- DATE: v..7;/!/ / ,/ P4Z Tom Hart, City Manager ATTEST: APP OVED TO ORM: 2_ CITY SECRETARY e(TY ATTORNEY *************** APPROVED BY THE CITY COUNCIL OF THE CITY OF HURST,TEXAS: BY: DATE: ATTEST: APPROVED AS TO FORM: CITY SECRETARY CITY ATTORNEY *************** APPROVED BY THE BOARD OF TRUSTEES OF HURST-EULESS-BEDFORD INDEPENDENT SCHOOL DISTRICT: BY: DATE: ATTEST: APPROVED AS TO FORM: SECRETARY ATTORNEY 4